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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.090

Monitoring airspace and reporting infringements

  (1)   The Part   139 Manual of Standards may prescribe requirements relating to:

  (a)   monitoring the airspace around a certified aerodrome for infringements, or potential infringements, of the airspace; and

  (b)   reporting such infringements, or potential infringements.

  (2)   Without limiting subregulation   (1), the Part   139 Manual of Standards may prescribe requirements relating to the following:

  (a)   monitoring the obstacle limitation surfaces of an aerodrome;

  (b)   monitoring other surfaces and obstacles associated with the airspace around an aerodrome;

  (c)   establishing procedures for monitoring;

  (d)   kinds of infringements that must be monitored for and reported;

  (e)   persons to whom infringements must be reported;

  (f)   how infringements must be reported;

  (g)   information that must be reported;

  (h)   the form and manner in which information must be reported;

  (i)   establishing procedures for reporting.

  (3)   To avoid doubt, and without limiting subregulation   (1) or (2), an infringement of airspace may include a gaseous efflux or other emissions source that affects the airspace.

  (4)   The operator of a certified aerodrome contravenes this subregulation   if:

  (a)   the operator is subject to a requirement mentioned in subregulation   (1); and

  (b)   the requirement is not met.

  (5)   A person commits an offence of strict liability if the person contravenes subregulation   (4).

Penalty:   10 penalty units.


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